IN RE THE ADOPTION OF KELLY PAIGE LESSEM, A MINOR. GUS ANDY, AS PERSONAL REPRESENTATIVE OF THE ESTATE OF YIANNIS BYRON ANTONIADIS, APPELLANT,
v.
KELLY PAIGE LESSEM, A MINOR, APPELLEE

Fla. 2d DCA | 1988-12-21
No. 87-2049
DANAHY, A.C.J., and LEHAN, J., concur.
536 So. 2d 343 Florida District Court of Appeal, Second District (1988) Positive Treatment
Cited by 2 cases
Opinion of the Court
FRANK, Judge.

FRANK, Judge.

The order under review, which derived from the motion of the personal representative of the estate of the putative biological father, to set aside an order vacating the adoption of the appellee, is affirmed. The appellant was not an essential party to the adoption proceeding when it occurred and has no standing now to challenge any aspect or the outcome of that matter. See §§ 63.122 and 63.162, Fla.Stat. (1987). Our affirmance, however, is without prejudice to the appellant’s ability to initiate an independent action. See In re Estate of Farley, 520 So. 2d 619 (Fla. 4th DCA 1988).

DANAHY, A.C.J., and LEHAN, J., concur.

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  • Gus Andy v. Lessem, 595 So. 2d 197 (Fla. 3d DCA 1992)
    …or lack of standing], “without prejudice to the appellant’s ability to initiate an independent action” to set aside the subject order on the ground that the original adoption was not obtained through a fraud upon the court. In re Adoption of Lessem, 536 So. 2d 343, 344 (Fla. 2d DCA 1988) (emphasis added). Unless and until the January 9, 1987, order is set aside in such an independent action, the trial court was plainly required to recognize, as it did, the validity of said order. Affirmed.…

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